Articles and publications

Bajrami v. Albania - 35853/04

Law: The custody judgment had remained unenforced for approximately two years for which no blame could be attributed to the applicant, who regularly took steps to secure the return of his daughter. Under Albanian law there was no specific remedy to prevent or punish cases of abduction of children from the territory of that country. In particular, Albania is not a State Party to the Hague Convention and has not yet implemented the UN Convention on the Rights of the Child, whereas the European Convention on Human Rights requires States to take all necessary measures to secure the reunion of parents with their children in accordance with a final judgment of a domestic court. The Albanian legal system did not provide any alternative framework affording the applicant the practical and effective protection that was required by the State's positive obligation enshrined in Article 8. Read More »

BIANCHI v. SWITZERLAND

The European Court of Human Rights has today notified in writing its Chamber judgment[1] in the case of Bianchi v. Switzerland (application no. 7548/04). Read More »

CASE OF MAIRE v. PORTUGAL

1. The case originated in an application (no. 48206/99) against the Portuguese Republic lodged with the European Commission of Human Rights under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a French national, Mr Paul Maire (“the applicant”), on 15 October 1998. Read More »

IGLESIAS GIL AND A.U.I. v. SPAIN

The European Court of Human Rights has today notified in writing a judgment[1] in the case of Iglesias Gil and A.U.I. v. Spain (application no. 56673/00). The Court held unanimously that there had been a violation of Article 8 (right to respect for family life) of the European Convention on Human Rights. Read More »

CASE OF CAVANI v. HUNGARY

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. Read More »